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Home My WebLink AboutChange Order No 2-PCA - Marriott Hotel Site Development at Hall of Fam Phase 3 Divisions A&B Project No 117-064 - Walsh & Kelly1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1930 1866 CITY OF SOUTH BEND PETE BuT-rIGIEG, MAY i'1A'1 OF PUBLIC WOF January 22, 2019 Dustin Hilary Walsh & Kelly, Inc. 24358 SR 23 South Bend, IN 46614 PHONE 574/235-9251 FAx 574/235-9171 RE: Change Order No. 2 (Final)/Project Completion Affidavit - Marriott Hotel Site Development at Hall of Fame, Phase 3 — Divisions A & B — Project No. 117-064 Dear Mr. Hilary: The Board of Public Works, at its meeting held on January 22, 2019, approved the Final Change Order for this project, for �a decrease of $12,007.82. The revised contract sum is $221,830.64. In addition, the Project Completion Affidavit for this project was approved in the amount of $221,830.64. Copies of the Change Order and Project Completion Affidavit are enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosures GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU CITY OF SOUTH BEND, INDIANA DEPARTMENT OF PUBLIC WORKS PROJECT CHANGE ORDER r ` DATE: 10/15/2018 PROJECT NO: 117-064 Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid PROJECT NAME: A & B CONTRACT DATE: 9/12/2017 CHANGE ORDER NO: 2 Final SUBJECT OF CHANGE ORDER: PCR #2-Adjustment to Final Quantities. All items completed substantially as planned, See attached Comparison of Estimate for overruns and underruns. The original contract sum $ 228,191.56 Net change by previously authorized change orders $ 5,646.90 The contract sum prior to this change order $ 233,838.46 By this Change Order, the project amount is Increased HX Decreased $ 12,007.82 The new contract sum including this change order $ 221,830.64 This Change Order represents a total change of -5.14 % Total change for entire project -2.79 % Original contracted completion date/time Extension of date/time by previous change orders Date/time extension by this change order New completion date/time 6/1/2018 0a_...... 0 days __........... ..W_. 6/1 /2018 � Noma, CITY OF SOUTH BEND Prinfea Name ana I stle BOARD OF PUBLIC WORKS Walsh & Kelly, Inc. Company Name 24358 SR 23 Address South Bend„ IN 46614 City, State, Zip iK loprrer ,. *G&Pop TF M� �� SEAL e 1 to Approved Date: Gary A. Gil8t, President Suzanna M. Fritberg, Member Elizabeth A. Maradik, Member Therese J. Dbr u, Member " . Flte�;tl'e�rrer CITY OF SOUTH BEND, INDIANA� BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT PROJECT NAME Marriott Hotel Site Develo ment at Hall of Fame, Phase 3 Base Bid A & B PROJECT NO 117-064 FINAL COST $221,830.64 CONTRACT SIGNED 9/12/2017 MAINTENANCE AGREEMENT ENDS Install new site improvements including, but not limited to, a parking lot, concrete sidewalks, curbs, curb ramps, pavers, street lights, and landscaping... etc, located at the NW Corner of Dr. PROJECT DESCRIPTION MLK Junior Blvd and Jefferson Blvd in South Bend. WITNESSETH: The work under the above contract between the City of South Bend and the undersigned contractor having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such contract, and that the contractor performed the work within the scope of the Specifications and Standards of the City Executed till'o South Bend whi were apart of the above Contract. th f December 1201 8 Walsh & Kelly,Inc. Company Name Si u,re ..... __, 24358 SR 23 w t Hilary, VP of South Bend Area Company Address ..... Printed Name South Bend, IN 46614 City, State, Zip WITNESSESS: Before me, the undersigned Notary Public in and for said country and state, personally appeared ] and acknowledged his/her signature to the above Project Completion Affidavit on the ay f Iec , nk-wr 2018 . Notary S406ture �IT. Ali sha K t,�er ................ ....__.......... Printed Name My Commission Expires 6/5/22 County of Residence If the Contractor is a corporation, the following certificate will be executed. I, J. Mi.cbaeh &I'yi¢lt'l certify that I am Secretary of the Corporation executing this release; that i la who signed this release on behalf of the contractor'"vlaYi j,,, r of said Corporation; that said release was duly signed for a'"rrrea�j4 Corp or Aof A horbty o its ernig body, and is within the scope of corporate powers« "` �* Secretar ignature — �rilMo rate Printed Nam DEPARTMENT OF PUBLIC WORKS APPROVAL DNA I,t This project is acceptable-f f al approval and we recommend to the Board of Public Works that it be ordain �4i11 Date: i Constructio Eger BOARD OF PUBLIC WORKS APPROVAL Date Gary A. Gilot, POresident Su z M, Frntzber Member Elizabeth A. Maradik, Member Therese J. Do u, Mer /A. ember ",Lin a M. Martin, Clerk l�lkrd- b,S-u(livcrN Surety 0 + 908.903.3485 202B Halls Mill Road, Po Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company Maintenance Bond Bond No.MNT 8245-58-56-1 Amount $22,183.06 Know All Men By These Presents, That we, Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinunder called the Surety), as Surety, are held and firmly bound unto City of South Bend, Board of Public Works 227 W. Jefferson Blvd., Room 1316 South Bend, IN 46601 Twenty Two Thousand One Hundred Eighty Three Dollars (hereinafter called the Obligee), in the amount of and 06/100 ($22,183.06 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, Sealed with our seals and dated this 10th day of December, 2018. WHEREAS, the said Principal has entered into a contract dated September 12 2017 for: Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid A & B - Project No. 117-064 And Marriott Hotel Site Development at Hall of Fame, Phase 3 Base Bid A & B - Project WHEREAS, the said Principal is required to guarantee the No. 117-064 installed under said contract, against defects in materials or workmanship, which may develop during the period December 10, 2018 to December 10, 2021 , Form 1"2-0075FED (Rev. 5/17) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the saidguarantee, and shall, on due notice, repair and make good atits own expense any and all defects in materials or worlunanship in the said work which may develop during the period December 10, 2018 to December 10, 2021 . or shall pay over, or make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. mmLY 40 Walsh & Kelly, Inc. w BY.. " Lynn J. ) er, VP of south Bend )peratio'v ' Federal Insurance Company By zxt Y"ln dart OlAtO. is M: Wahl tram 4 Form 15.02-0075FED (Rev. 5/17) CHUE3E3e Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Eric M. Wahlstrom each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to In said bonds or obligations. Surety Bond Number; MNT 8245-58-56 Obligee: City of South Bend, Board of Public Works In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 15Lh day of September, 2018, Dawn M. Chloros, Assistant Secretary 1 STATE OF NEW JERSEY County of Hunterdon SS. Stephen M, Haney, Vice President 0 On this 151h day of September, 2018, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of Bald Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney Is In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponent's presence. Notarial Sea] t KATHERINEJ.ADELAAR .«"'" tiTAgy NOTARY PUBLIC OF NEW JERSEY No. 2316086 ' pfJgLt Commission Expues July 10, 2019 Nwary pabec CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered Into In the ordinary course of business (each a"Written Commltment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf ofthe Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for In such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney -In - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified In such written appointment which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facslmlle on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise val Idly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect, (ii) the foregoing Power of Attorney is true, correct and In full force and effect. Given under my,handIpnd seals of said Companies at Whitehouse Station, NJ, this December 10, 2018. „IN TH i„VENT YOt FED, Vg0•PI 0ov, Og-16), Dawn M. Chloros, Assistant Secretary OFTHIS BOND OR NOTIFY US OFANY OTHER MATTER, PLEASE CONTACT US AT: Final Waiver of Lien State of Indiana, County of St. Joseph SS: ..� �... Dustin Hilary_ being duly sworn that be/sheisthe South Bend Area Vice President (Name ofOfflco-r) ((7title Of Walsh &Kelly, Inch havIugcontracted With City of South Bend (Contractor) (Owner) tofumishcertain_materialsanftrlabor asfollows-, Asphalt Pavement, Concrete and Marking (Description) for aprojectlmownas # 117-0§ 4._Marriott Hotel Site Development at Hall of Fame, Phase 3, Bid A & B (Name of Project) located at 121 South Dr. Martin Luther King Jr. Boulevard, South Bend, IN 46601 and owned by City of South Bend (Owner)...._�___............._................�..,�..___�� and does hereby further state on the behalf oftho aforementioned subcontractor/supplier: (PARTIAL WAIVER) that there is due from the Contractor the sum of __........ .. ,. ,,.__ ..__..�._._ Dollars ❑ recolpt of which is hereby acknowledged; or ❑ the payment ormileh has been promised as the sole consideration for this AffidAvlt and Phan "iiV"alver ol'Llen-wvh;iob is given sololy withrospect to said entoua�wt, oad which waiver sbah be oflootive only ppun receipt ofpaym otat thereof by the undersigned; (FINAL WAIVER) that the final balance due $om the contractor is the stun of 11,091.53 ❑ receipt of which is hereby aolmowledged; or G 21 die payanont of which has been proroiscd as the sale consideration for this Affidavit and Final Waiver of Lien which shall become offective only upon receipt of such pgmont. 71MUFOI. M, the undersigned waives and releases canto tite Owner of said promises, any and all liens or claims whatsoever on ttto nbove,-desrribcrl prop(,tty acid linprovemem thereon an aceetaut of labor or material or both, furnished b the undersigned thereto, subject to limitations or conditions oxprossed hcreln if any; and fUrthereaartified the no other party has any claim orrightto a Ilea on account of any work p rfoaued or ivaterial WL ioi9 ndevglgnodt for sa d 15i: Oct, a w the scrape of (bis Affidavit and Walver of ion. NN t), "w �«............ �, Walsh4& Kelly Inc. �' .,w pt�rta Am iRA d Representative) STATE OF INDIANA —• ) SS: ST, JOSEPH COUNTY ) � Defore me the undersigned, a Notary l�t e, ins " � ($6ty and State, personally appeared D u sti n H i I a ry and acknowledged the executionf the foregoing I& r of Lion. December) hereunto sins my name g and affixed my offici seal on t ate day of IN WITNESS WM. O.ol: Ihave "' e .�. 21 200 Noutry Public Signature My Commission Expires: June 07, 2023 aaeurpn Residingin Indiana Coun Amy Elizabeth Ti ty, .�, Marshall_.w�.__�..... � �,MY W2 at 111d9 aaa �� wti�� ati,aGi �eurat� r.�Conim Titan xp4e$ ' .luaae 7, 2,023 Final Waiver of Lien State ofrndiana, county of St. Joseph_ SS; Hilary _ bein dui sworn that he/she is he �. Dustin Hila, $ y the South Bend Area Vice President (Name of Officer) (Title) Of Walsh &Kelly, Inc. having contracted with City of South Bend (Contractor) (Owner) to famish certaitimaterials "or labor as follows; Asphalt Pavement, Concrete and Marking for aprojectknown as # 117-064: Marriott Hotel Site Development at Hall of Fame, Phase 3 iNameof'1'rojeot) located at 121 South Dr. Martin Luther King Jr. Boulevard, South Bend, IN 46601 and owned by City of South Bend _,�...�_. ,�.��__�.�.�.�...m..�(Owner) ............. _..�� _.�.... and does hereby Anther state on the behalfof1he aforementioned subcontractor/supplier: (PARTIAL WAWBR) that there is due from the Contractor the sum of fr .... .. _._ ... __...._. Dollars ❑ rccolpt of which is hereby acknowledged; or ❑ file payment orwhich has been, promised as the sole consideration for this Affidavit and phael' Walver ofLfon.wlalcla fs given solely with respect to said auaoivat, end which waiver sb011 be effective only upon receipt ofpayruent thereofbythe undersigned; ( ER) the sum of 33,240 44 (FINAL WAIVER) that the final balance due $am the contractor is ❑ receipt of which is hereby acimowledged; or the paynaeut ofwhich has beeaa promised as the sole consideration for this Affidavit and Final Waiver ofUen which shall beconic of f"ective Daly atpotaxecelpt of such payment. TfUMFO", tiie undersigned waives and releases unto the Owner of said promises, any and all liens or claims whatsoever oil the above-descrlbW property said hitlirovenaeiits thereon all account of labor or material or b ?dw shed b the undersigned thereto, subject to limitatlons or couditioras expressed here �� „ mid Rinhrr certified the f rtly has .olaim or rlgitt to a Ilcn oft account of tiny work perfonned or material it i ol"t reigned forsaal pil In ope of this Af"fidaavit said elver ofI len * , el .rv. Walsh &Kelly, Inc. C*�, yc (Aar rlxed Repre sentative) presentative) STAT13 CIIi INDIA°i A i %foreme, thetuiderslgned, a No Pub%, i" y mid State, personally appeared r Dustin Hilary and acknowledged the execution oftlie foreg<ting Afti lr r of Lion. . IN WITNESS 'II -REOF I havo hereunto ,subscrlbod my name and affixedmy oflic " seal on the 21 St day of December' di_ ._. Not nry Public Signature My Conmaksion-Expires; June 07, 2023 a C.A_. _ ....- .. Amy Elizabeth Turpin Resldtngin Indiana �. aunty, Marshall � ova s�. �� _ AMY ELIZABETH TURPIN Nglijq Public tltate of Indiana ta�r�ia�U �tli�t}" ernniisaren Expires June 7, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/15/2019 Department Public Works Name Toy Vil Division/Bureau Engineering BPW Date 01/22/2019 Phone Extension 5920 Required Prior to Submittal to Board .................... Legal ❑ Attorney Name: Controller El Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing El Check the LJ Agreement Professional Services Bid Opening 0 Quote Opening Change Order No. Ease/Encroach. Other: iropriate Item Type - ReCL Contract ❑ Resolution Bid Award F-1 Quote Award M C/O & PCA No. 2(Final) El Traffic Control: Company or Vendor Name New Vendor MBEIWBE Contractor MBE[WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description for All Submissions Proposal E:1 Req. to Advertise Required Information El PCA Addendum El Title Sheet Walsh & Kelly,.,,Inc. llyes [ ] No ❑ If Yes, Approved by Purchasing, " - ....... MBE R WBE ❑mmNo Yes Name of Com Marriott Hotel Site Development at Hall of Fame Phase 3 117-064 RWDA TIF 324.1050.460.42.03 - Division A & B Protect Closeout F-1 Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-yeri[y, Iran, etc. . ... ................... __Required For Change Orders Ong . .. . ...... . . . .......... Amount of F1 increase $ ......... Z Decrease $12,007.82 Previous Amount �23 -8' ... 3- _8.'4__ -6 . ......... . . Current Percent of Change: 5.14% J . ....... .... J . . .... New Amount $ 221,830.64 Total Percent of2.79% �_'A—"",-_,___" Dispersal After Arrrova1 Copy Original F-1 E]